Kisa’muemkewey1 By Tuma Young2 Wen Net Nin3 I am the son of the late William Frederick Young and Veronica Phillips, both of Waycobah & later centralized to Eskasoni. My parents later moved to live at Malagawatch reserve where I grew up on my mother’s trapline and lived on the land. We hunted, fished, trapped, and peddled items in different communities in Cape Breton and Northern mainland NS. I graduated from various educational institutions such as the Eskasoni Indian Day School to the James E. Rogers College of Law at the University of Arizona. In 2001, I became the first L’nu4 speaking lawyer called to the bar in Nova Scotia. Today, in addition to having a private legal practice with several different First Nations as my clients, I also teach L’nu studies at Cape Breton University. My research interests are primarily in L’nu governance institutions and in Indigenous Peoples Health. Kisa’muemkewey This paper is about kisa’muemkewey and the steps needed to get to kisaknutmaqan5 The closest translation of kisa’muemkewey into English would be the phrase “Treaty Diplomacy”. When thinking about treaties, one has to recognize that there are different diplomatic processes or understandings that lead to the treaty itself. You can think of kisa’muemkewey as the process of treaty making or treaty diplomacy and it can include the actual treaty agreement itself. It is important in not only to think about how to interpret the treaty or to find which interpretation principles apply that will help in understanding the treaty, it is just as important to think about kisa’muemkewey as much as the actual written text of the treaty itself. 1 “To come to an agreement” www.firstnationshelp.com/ali/lexicon.pdf at pg 22. 2 Assistant Professor, L’nu studies, cross appointed in Political Science at Cape Breton University. In addition, I am an SJD candidate at the James E. Rogers College of Law, University of Arizona. 3 “Who am I?” 4 I use the original name of my people: L’nu instead of Mi’kmaq. This means “People of the Same Tongue or People Who Speak the Same Tongue.” 5 “Treaty or Agreement.” There is not really a consensus as to which word refers to treaty. Some say it is “keta’matultimk” while others say it is “anku’kamkowel.” I prefer the term kisaknutmaqan as it refers to a completed discussion where agreement or consensus has been reached among the parties. $1 To begin with, I will start with explaining L’nuwita’simk6 or the Mi’kmaq Worldview that will help in interpreting and informing others about the L’nu treaties.! L’nuwita’simk L’nuwita’simk is how the L’nuk7 see and experience the world surrounding them. The worldview comes from their understanding and experiences of the di#erent life forms and forces that live in kemitkinu8 or otherwise referred to as Mi’kma’kik.9 This area encompasses what is also known as Atlantic Canada, Gaspe region of Quebec and the northern border of Maine. L’nuwita’simk can be found wherever the language is spoken among the L’nuk. ! L’nuwita’simk is also expressed through language, stories, ceremonies, rituals, dances, songs and the chants of the L’nuk. The teachings, values, customs, knowledge and legal principles of the L’nuk are all found in these expressions of L’nuwita’simk. Thus, it is important to start here in trying to understand the concept of kisa’muemkewey. ! All of our relationships, including the ones made in treaty diplomacy, are enfolded into L’nuwi’simk10 or the language. The language is seen as sacred and contains the relationship links that can be seen as binding or linking all of the treaties together. One has to understand how kisaknutmaqan can be seen from the L’nu perspective in order to place it in the proper context. This can be particularly di%cult to do especially when the historical and colonial records are only in the English language. There does not seem to be any komkwejwikasikl11 or petroglyphs that depict the treaties or the treaty diplomacy process. However L’nuwisimk is very rich in providing us with words, concepts, understandings of both kisa’muemkewey and kisaknutmaqan. ! In addition to the language, we need to look towards other expressions of L’nuwita’simk, in particular, the a’tukwaqnk12 to help us find the true and accurate Lnu understandings of kisa’muemkewey and the kisaknutmaqank. We need to listen carefully to the stories and the oral histories of L’nuk who remember what our parents, grandparents, great grandparents had told them about the treaties and the relationship with our treaty partners.! A’tukwaqnk There are many stories about the treaties, some are recent while others go back hundreds of years. All of these stories illustrate the L’nu treaty interpretation principles that need to be applied when looking at the treaties and how are they to be interpreted. Many of the stories are about upholding the honour and the intent of the treaties. Some are about the expectations regarding the clauses in the treaties while others are about the resistance and the 6 “To think like an L’nu.” 7 Plural of L’nu. 8 “Our homeland” “the land of the L’nu” “the traditional territory of the L’nu people.” 9 Another phrase that is used to describe the traditional territory of the L’nu people. 10 “To speak L’nu” or the Mi’kmaq language. 11 “Hieroglyphic writing system of the L’nu people. A writing system using symbols. 12 “ To tell a story, a legend, a tale.” $2 insistence of L’nuk in upholding the peace and friendship relationship. It can be a bit disheartening to hear or listen to these stories, especially when the stories tell about past di%culties in the treaty relationships between the colonists and the L’nuk. Not all stories end in happy ever after.! Mawiomi13 Another way that L’nuwita’simk is expressed is in ceremonies and the kisa’muemkewey is rich in ceremonies. It is important to point out and emphasize the various ceremonial practices that accompanied kisa’muemkewey. Since the treaties are primarily about creating and maintaining relationships and alliances, it is significant to note that part of why alliances are needed is that the survival of one is always seen as related to the other. An important duty of the L’nuk is to find, develop, foster alliances and relationships. Treaty making is a natural extension of that duty. ! Relationships are seen as being in constant motion, requiring constant attention and renewal. This is usually done through renewal ceremonies, gift exchanges, feasting and speeches. Whenever a treaty has been agreed upon and entered into, ceremonies were conducted and done through the entire kisa’muemkewey process. The treaty educator must not forget about these renewal ceremonies as these are very much part of the kisa’muemkewey and the resulting kisaknutmaqan. ! Treaty making is not a new idea that was introduced to the L’nu in the 18th century. It was already in place long before the first colonist arrived in Mi’kma’kik. Lnuk already knew how to enter into mutually beneficial relationships with other tribes and with other life forces. Often these relationships were entered into at a formal process at a mawiomi and the kisa’muemkewey incorporated the building or renewal of the relationship into it.! The first place to locate L’nuwita’simk is in the language and in the stories. Once you have done this, you can now start to add the flesh to the bones of treaty education so that the concept of kisa’muemkewey can be fully understand as part of reaching kisaknutmaqan.! Piluwa’mukl Etekl Kisaknutmaqank14 There is di#erent type of treaties and one of the first lessons to be stressed is that none of the treaties in Atlantic Canada give up or cede any land. Not a single treaty in Mi’kma’kik cedes any land to anyone. This is why you will hear various land acknowledgement phrases that are now stated at many gatherings: “We acknowledge that we are on unceded L’nu or Mi’kmaq territory.” 13 A formal gathering, either a powwow, a feast or a political gathering. Every mawiomi brings the L’nu together in ceremony to discuss issues —local, regional, national, global —of common concern. 14 “Di#erent type of treaties” $3 L’napsuk15 L’napsuk is one of the earliest form of treaty that the L’nuk made with their treaty partners. The L’napsuk is made from the shells of pkwe’w16 or muskasej17 and it is usually strung along on a looped sinew or beaded into a large belt. An example of the L’napsuk treaties is the Eastern Algonquin Wabanaki Confederacy18 also known as the Putuswaqan.19 ! Many of the Confederacy meetings would begin with the recounting or recollection of the L’napsuk that had been brought to the Council. One of the most famous and well known examples of Wampum is the “Wampum at Niagara” where the Two-Row Wampum was first used by the Haudenosaunee and subsequently adopted by over 200 tribes, including the L’nu, in 1764.20! In addition to the L’napsuk, the L’nuk also have written treaties with the British Crown that are commonly referred to as the Peace and Friendship Treaties. Generally the first one that is commonly accepted as the earliest Peace and Friendship treaty is the 1725 kisaknutmaqan or the Treaty of 1725. The partners in this treaty promised to keep the peace, cease hostilities, return any captives, engage in trade with each other, not disturb the L’nuk in their hunting or fishing, and a dispute resolution clause.